Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Remedies (10)
- Damages (5)
- Copyright Infringement (2)
- EBay Inc. v. MercExchange L.L.C. (547 U.S. 388 (2006)) (2)
- Juries (2)
-
- Personal Injuries (2)
- Virginia (2)
- W&M Emeriti (2)
- Wrongful Death (2)
- Uniform Commercial Code (U.C.C. 9) (1)
- Attachment and Garnishment (1)
- Campbell v. Acuff-Rose Music Inc. (510 U.S. 15 (1973)) (1)
- Civil Law (1)
- Consumer Protection (1)
- Copyright (1)
- Debtor and Creditor (1)
- Declaratory Relief (1)
- Due Process of Law (1)
- Eminent domain (Law) (1)
- Equitable Remedies (1)
- Equity (1)
- Essentialism (1)
- Fair Use (Copyright) (1)
- Federal Jurisdiction (1)
- Fraud (1)
- Government Employees (1)
- Government Immunity and Liability (1)
- Habeas Corpus (1)
- Injunctions (1)
- Koontz v. St. Johns River Water Management District 133 S. Ct. 2586 (2013) (1)
Articles 1 - 20 of 20
Full-Text Articles in Legal Remedies
Withholding Injunctions In Copyright Cases: Impacts Of Ebay, Pamela Samuelson
Withholding Injunctions In Copyright Cases: Impacts Of Ebay, Pamela Samuelson
William & Mary Law Review
Before the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, L.L.C., which ruled that courts should exercise equitable discretion when considering whether to issue permanent injunctions in patent infringement cases, courts routinely granted injunctions in copyright cases when plaintiffs proved that defendants had infringed or had likely infringed copyrights. Such findings triggered presumptions of irreparable harm, which were almost never rebutted. Only rarely would courts consider a balancing of hardships or effects of injunctions on public interests.
In the first several years after eBay, commentators reported that eBay had had little impact on the availability of injunctive …
The State Of Exactions, Timothy M. Mulvaney
The State Of Exactions, Timothy M. Mulvaney
William & Mary Law Review
In Koontz v. St. Johns River Water Management District, the Supreme Court slightly expanded the range of land use permitting situations in which heightened judicial scrutiny is appropriate in a constitutional “exaction” takings case. In crafting a vision of regulators as strategic extortionists of private property interests, though, Koontz prompted many takings observers to predict that the case would provide momentum for a more significant expansion of such scrutiny in takings cases involving land use permit conditions moving forward, and perhaps even an extension into other regulatory contexts, as well.
Five years on, this Article evaluates the extent to which …
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
William & Mary Law Review
No abstract provided.
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
William & Mary Law Review
No abstract provided.
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
William & Mary Law Review
This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.
Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …
As If It Had Never Happened, Arthur Ripstein
As If It Had Never Happened, Arthur Ripstein
William & Mary Law Review
No abstract provided.
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
William & Mary Law Review
No abstract provided.
A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen
A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen
William & Mary Law Review
No abstract provided.
Garnishment In Virginia, Charles J. Nabit
Garnishment In Virginia, Charles J. Nabit
William & Mary Law Review
No abstract provided.
Uncertainty And The Law Of Damages, Elmer J. Schaefer
Uncertainty And The Law Of Damages, Elmer J. Schaefer
William & Mary Law Review
No abstract provided.
Binding Interest Arbitration In The Public Sector: Is It Constitutional?
Binding Interest Arbitration In The Public Sector: Is It Constitutional?
William & Mary Law Review
No abstract provided.
Body Attachment And Body Execution: Forgotten But Not Gone
Body Attachment And Body Execution: Forgotten But Not Gone
William & Mary Law Review
No abstract provided.
Developments In The Availability Of Federal Remedies Against State Activities, Wayne Mccormack
Developments In The Availability Of Federal Remedies Against State Activities, Wayne Mccormack
William & Mary Law Review
No abstract provided.
Protecting The Low Income Consumer: Procedural Due Process Revisited
Protecting The Low Income Consumer: Procedural Due Process Revisited
William & Mary Law Review
No abstract provided.
Cumulative Remedies Under Article 9 Of The Uniform Commercial Code: An Answer To Fuentes V. Shevin
Cumulative Remedies Under Article 9 Of The Uniform Commercial Code: An Answer To Fuentes V. Shevin
William & Mary Law Review
No abstract provided.
Wrongful Death Damages In Virginia, Donald E. Lee Jr.
Wrongful Death Damages In Virginia, Donald E. Lee Jr.
William & Mary Law Review
No abstract provided.
Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka
Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka
William & Mary Law Review
No abstract provided.
State Post-Conviction Remedies And Federal Habeas Corpus, William F. Swindler
State Post-Conviction Remedies And Federal Habeas Corpus, William F. Swindler
William & Mary Law Review
No abstract provided.
Rent Strike - Landlord's Remedies, G. Richard Gold
Rent Strike - Landlord's Remedies, G. Richard Gold
William & Mary Law Review
No abstract provided.
Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott
Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott
William & Mary Law Review
No abstract provided.